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#1 Jaime3

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Posted 26 September 2015 - 06:05 PM

Sending you a personal message

There are two of us that have information on Robyn Ferguson-Russ and John Herring regarding how our EEO complaints were handled. What do you need?



#2 RaggedyAnn

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Posted 24 September 2015 - 02:59 PM

If you have any information of misconduct committed by EEO staff members
Robyn Ferguson-Russ and John Herring, send me a message

There are two of us that have information on Robyn Ferguson-Russ and John Herring regarding how our EEO complaints were handled. What do you need?



#3 1801

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Posted 15 September 2015 - 06:22 PM

If you have any information of misconduct committed by EEO staff members
Robyn Ferguson-Russ and John Herring, send me a message

 



#4 1801

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Posted 15 September 2015 - 06:19 PM

I am acting as the Class Agent on EEO Class Complaint Case # ATF-2015-01870 which is based on Race, African American, Color, Black, Sex, Female or Male, Retaliation/Reprisal, Disparate Treatment and Disparate Impact on Promotion Non-Selections.  I have made the BQL, Interviewed and Not Selected for over 13 Supervisory, Industry Operations Investigator (Area Supervisor) GS-1801-14 positions.

 

I have over 25 years of experience with the Bureau of Alcohol, Tobacco, Firearms and Explosives ranging from Imports Branch, National Firearms Act (NFA) Branch, Alcohol Labeling and Formulations Branch, Field Operations, IOI Pittsburgh, PA 5 years, SIOI Tallahassee, FL 8 years and the ATF National Academy 1 year.  Various training such as the Leadership Enhancement Program (LEP).  Bachelor of Science Degree in Human Resources, Associate in Science Degree in Business Management and Associate in Science Degree in Marketing Management and Outstanding Performance Evaluations.

 

DISPARATE IMPACT

 

A successful disparate impact case is established when the Plaintiff identifies specific employment practices and shows that such practices caused a disparate impact on the protected group.  Watson v Fort Worth Band & Trust, 487 U.S. 977, 994 (1998).  The first requirement, of needing to identify specific employment practices, cannot always be met in those situations where an employer's decision-making process cannot be readily separated into separate practices; in such instances, the Civil Rights Act of 1991 allows the Plaintiff to meet the "specific practice" requirement by analyzing the employer's entire decision making process as one practice.  42 U.S.C. 2000e-2(k)(1)(B(i); see also Smith V. Xerox Corp., 196F. 3d 358, 367-68 (2nd Cir. 199).  Using these standards, I, Class Agent, can demonstrate (1) that the selection process is strongly influenced by cronyism.

 

Cronyism is the appointment of friends and associates to positions of authority, without proper regard to their qualifications.  Cronyism by itself is not evidence of discrimination.  The Bureau of Alcohol, Tobacco, Firearms and Explosives and their representatives violated the Title VII of the Civil Rights Act (1964), The Civil Rights Act of 1991, NO FEAR ACT and The Merit Promotion Plan, ATF O 2311.1A.  According to the NO FEAR ACT, Federal employees with personnel authority may not;

 

1.  IMPROPERLY INFLUENCE EMPLOYMENT ACTION.

 

2.  VIOLATE THE MERIT SYSTEM PRINCIPLES.

 

3.  IMPROPER INFLUENCE AN APPLICANT TO WITHDRAW FROM COMPETITION FOR A POSITION.

 

4.  IMPROPERLY INFLUENCE EMPLOYMENT RECOMMENDATION.

 

Cronyism is not a violation of Title VII but it's clearly a violation of the NO FEAR ACT.

 

According to the Merit Promotion Plan, ATF O 2311.1A, the Merit Promotion Board, which consist of five members who are at an equivalent grade level or higher than the position being filled.  At least one representative shall, but as many as three may, be from the recruiting directorate, including the incumbent of the position being filled, if possible.  Another member shall be from another job series and directorate, with the Chair assigning any remaining member(s) as my be necessary, to complete the MPB.  The Chair may serve on any MPB (page E-2).  The Merit Promotion Board Panel Members receive the Best Qualified List (BQL) of applicants, the Merit Promotion Board Panel Members does not follow any specific procedure or process in vetting the applicants to determine their rankings.  As such, it is fully acceptable to (as opposed to focusing on one specific policy or practice) determine possible disparate impact.  Also because the Merit Promotion Board Panel Members selection procedure was a is loosely structured, with no firm parameters and no strict guidelines in place, and because it relied heavily on recommendations from the Merit Promotion Board Panel Members, this disparate impact analysis is necessarily about the ATF's Merit Promotion Board Panel Members subjective decision-making process.  Watson, 487 U.S. 977, 990 (1988) and (2) by the statistical evidence which showed that the data for selections between September 11, 2009 - June 27, 2013, were twenty four (24) Supervisory, Industry Operations Investigator (Area Supervisors) positions announced.  The twenty four (24) Supervisory, Industry Operations Investigator (Area Supervisor) selected were all Caucasian Male or Caucasian Female.

 

Assistant United States Attorney (AUSA) John C. Truong, Washington, DC stated that, "No African Americans were selected September 11, 2009 - June 27, 2013 for the Supervisory, Industry Operations Investigator (Area Supervisor) positions".

 

According to the Merit Promotion Plan, ATF O 2311.1A, Supervisors and Management Officials shall: (3) Ensure that eligible minorities, women and persons with non-disqualifying disabilities are fully considered for all positions and that applicable affirmative action plans are followed (page A-2 and A-3).

 

EEOC MD 110 - Chapter 8 Complaints of Class Discrimination in the Federal Government.

 

1.  Section 1614.204 of Title 29 C.F.R. provides for processing class complaints of discrimination.  A class is defined as a group of employees, or applicants who are alleged to have been adversely affected by an agency personnel policy or practice which discriminates against the group on the basis of their common race, color religion, sex, national origin, age, or disability.  A class complaint is a written complaint of discrimination filed on behalf of the class by the agent of the class, alleging that the class is so numerous that a consolidated complaint by the members of the class is impractical, that there are questions of fact common to the class, that the claims of the agent of the class are typical of the claims of the class, and that the agent of the class and, if represented, the representative, will fairly and adequately protect the interests of the class

 

I, Class Agent, request that if you have not been selected (Non-Selection) for a promotion in the Bureau of Alcohol, Tobacco, Firearms and Explosives based on Race, African American, Color, Black, Sex, Female or Male, Retaliation/Reprisal, Disparate Treatment and Disparate Impact to join the Class Action Complaint Case # ATF-2015-01870.

 

Please write to the address below if you wish to join as a member and you meet the criteria.  Please send your name, address and a contact telephone number.  I will contact you once I receive your information to tell you my name, Class Agent, and request that you write a brief statement that reflects the following.

 

                                                EEO Class Complaint Case # ATF-2015-01870  

                                                P.O. Box 1741

                                                Jesup, Georgia  31598

 

 

I,___________________________, wish to join the EEO Class Complaint Case # ATF-2015-01870 as a member and elect, ___________________________, Class Agent to represent me in the EEO Complaint regarding Promotion Non-Selection in the Bureau of Alcohol, Tobacco, Firearms and Explosives based on Race, African American, Color, Black, Sex, Female or Male, Retaliation/Reprisal, Disparate Treatment and Disparate Impact. 

 



#5 Jaime3

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Posted 12 September 2015 - 12:19 PM

If you have any information of misconduct committed by EEO staff members
Robyn Ferguson-Russ and John Herring, send me a message

#6 Fedupwrkr

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Posted 04 September 2015 - 07:51 PM

Good. Hopefully they will be used against them. What is hidden in secret, will come to light. Their lies will find them out. We just need to get someone in power to see this evidence and hold these people accountable for their unethical actions. They can get a taste of the medicine given to employees who complain about them.



#7 Jaime3

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Posted 03 September 2015 - 06:56 AM

Just found out there have been records retrieved of the ATFs EEO office colluding with Managers and Supervisors.

If there is no Penalty for Supervisors and Managers doing the wrong thing,
There is no longer an incentive for good employees to do the right thing.

#8 Jaime3

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Posted 27 August 2015 - 08:47 AM

EEOC receives federal funding for what?
nothing and there needs to be an investigation into EEOC, no question.

Many folks are too afraid to touch these useless federal agencies because they are all attached to money and budgets.
Shame on the people who do nothing.

#9 abteilung

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Posted 26 August 2015 - 04:13 PM

Jaime3: Look at last week's shooting at the Varick Street federal building in NYC.  The shooter's congressman in NJ said publicly that his constituent got a "raw deal" when Labor fired him for being a whistleblower during the Clinton administration.

 

His victim, a security officer, did get the ultimate "raw deal" by being shot and killed for just doing his job.  He wasn't the one responsible for the shooter's termination.

 

No one in management is ever held accountable.  The victim of discrimination and/or retaliation is permanently harmed.  Thing is, this VA shooter looked to be an EEO "victim."  Most of us didn't go looking for trouble here in ATF.  We were mostly the victims of bad circumstances, ending up with bosses who shouldn't have even been hired entry level in the first place.



#10 Jaime3

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Posted 26 August 2015 - 01:45 PM

http://gawker.com/ab...dium=socialflow

I have spoken to quite a few employees who experience this kind of treatment while the Agency and EEOC denies it exists.
Some of us know this story all to well.

With how employees are treated in ATF, this sort of tragedy could very well be at the Agency's doorstep.

RIP to all the lost souls in this tragedy.
Someone should have intervened because this may have been prevented.

#11 GoodWorker

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Posted 25 July 2015 - 07:49 PM

After the Attorney General was hit with Contempt charges, the US Federal Operations Office contacted another ATF person who showed how ATF improperly locked her into specific dates during an EEO investigation. Not only did the EEO investigator put in the ROI that the office issues were going on prior to the lock-in date, but she requested a Supplemental Investigation when requesting a hearing at the EEOC. She has emails and also recorded the EEO counselor stating how people aren't locked in those dates. Good for her!

But anyone who has gone through the EEO process knows ATF uses this as a reason to try and dismiss claims. So not only is Judge being watched on this incident, the EEO office is getting ready to be in a world of hurt. Remember, they are not allowed to influence the case, one way or the other.

ATF Attorneys think Washington D.C. has their back, but DC is feeding them the rope! If they don't settle her case, I smell a Class Action suit!

The EEO process is a complete joke.  The EEO contractor wants to keep the customer (ATF) happy so ATF renews their contract, the EEO contractor does what the customer wants.  Unfortunately you have to go through the bogus EEO process so that you can "exhaust" the administrative process.



#12 Thor God of Thunder

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Posted 25 July 2015 - 04:47 AM

Please see the attached document.

Attached Files


Posted Image
For Clean Up ATF!

#13 Thor God of Thunder

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Posted 25 July 2015 - 04:45 AM

The EEO Office for ATF continues to be corrupt and effective for ATF management.  They all cheat, lie and steal!!  They cheat because they are in the pocket of management.  They lie because they omit facts from their reports that could be beneficial to the employee.  They steal because they rob employees of potential victories against management.  I want to share a message that was sent to me in order to have the corrupt ATF EEO Office finally investigated.


Posted Image
For Clean Up ATF!

#14 ProConfesso

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Posted 21 January 2015 - 07:00 AM

http://www.thelegali...=20150021085523

#15 Jaime3

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Posted 29 August 2012 - 07:08 AM

Why does the EEO office WITHIN ATF allowed to give false information and it's blown off?

This is a component that should be outside the Agency. The false information given, can be proven. EEO conversing with Management on how to LEGALLY retaliate, can be proven. Management conversing with Attorneys on how to LEGALLY retaliate against employees, can be proven. What else need to be proven?
Why are these people getting paid?

#16 Jaime3

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Posted 19 August 2012 - 02:15 PM

After the Attorney General was hit with Contempt charges, the US Federal Operations Office contacted another ATF person who showed how ATF improperly locked her into specific dates during an EEO investigation. Not only did the EEO investigator put in the ROI that the office issues were going on prior to the lock-in date, but she requested a Supplemental Investigation when requesting a hearing at the EEOC. She has emails and also recorded the EEO counselor stating how people aren't locked in those dates. Good for her!

But anyone who has gone through the EEO process knows ATF uses this as a reason to try and dismiss claims. So not only is Judge being watched on this incident, the EEO office is getting ready to be in a world of hurt. Remember, they are not allowed to influence the case, one way or the other.

ATF Attorneys think Washington D.C. has their back, but DC is feeding them the rope! If they don't settle her case, I smell a Class Action suit!




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